11-16-1970 Regular Meeting345
November 16, 1970
The regularly scheduled mid -month meeting of Mayor and'Council
was held at'City Hall, Smyrna, Georgia, on November 160 1970 at
7:30 o'clock P. M. The meeting was called to order by presiding
officer Mayor Harold L. Smith*and all Councilmen were present.
Also present were City Attorney G. W. Carreker, City Clerk L. W.
Charles, J. E. David, N. Proctor, Leon Hood, C. C. Porterfield,
Don Atkinson and a representative of the Atlanta Journal, Marietta
Journal and WBIE. Tax Assessor D. Scott Jackson was out of town
attending a meeting in Athens.
Invocation was by Councilman Hubert Black and Pledge Allegiance
to the Flag was led by Councilman Marston Tuck.
Under Citizens Reports, Mr. Rex Ruff appeared before Mayor and
Council on behalf of the rezoning of the Konigsmark property
on Atlanta Terrace. Mr. Ruff stated that the notice of public
hearing was not-advertisQd�.,for two weeks in accordance with the
City ordinances, therefore, the hearing on the application was
illegal and he requested that another date for the hearing on
the rezoning be set for December 7y 1970: The City Attorney
In ruled it would be proper to hold the hearing on another date.
d� Councilman J. P. White moved we readvertise the zoning and set
M the public hearing for December 7,• 1970. The motion was seconded
by Marston Tuck and voted unanimously. On the recommendation
of J. C. Porterfield, Council agreed to send a written notice
U of the hearing on December 7, 1970 to Mr. J. W. Nash, Mr. Ray-
mond Reed and Dr. W. C. Mitchell who opposed the rezoning in
the November 2, 1970 meeting.
Dr. Ralph Price appeared before Council in regard to his request
to rezone property located at the corner of Concord Road and Pine
Streets, known as 1198 Concord Road, from C to CP1 professional
building. Dr. Price presented an artist's sketch of the building
he proposes to build on this location. There wasnno opposition -
to the rezoning. Councilman Homer Kuhl motioned the property
be rezoned as advertisde from C to C-1, restricted to a professional
office building. The motion was approved unanimously on second
by Arthur T. Bacon. MEMO: A letterlsigned by Dr. Price was also
submitted which callecTou�'�' certain agreements between the City
of Smyrna and Dr. Price as follows: "The City of Smyrna agrees
to out two oak trees located at the southwest corner of Lot-41,
1198 Concord Road, on property owned by Dr. Ralph Price:' The
City further agrees tottrim and save the wood from the trees,
to haul off limbs and also the debris left from the tearing down
of the house on said property.- In return, I. Ralph Price, owner
of said property will deed to the City of Smyrna the required
right -of -way -for improvement of Concord Road at no cost." Coun-
cilman J. C. Porterfield requested Dr. Price to contact City
Clerk L. W.-Charles as to the type masonry required.
Hearing on the rezoning -of property located on Spring Road from
R-1 to C-1 and R-2 Apartments and Town Houses requested by W. J.
MacKenna was next on the Agenda. Attorney Al Cochran, representing
petitioner MacKenna, presented an artist's rendition of the pro-
posed plans stating there would be no service stations -in the
part requested for C-1 commercial, the professional office buildings
would be per specifications submitted, and the town houses and
apartments, approximately 10 per acre, would all be subject to
Council approval. He also stated there would be a buffer area
of approximately 25 feet in addition to the 40 foot street making
85 feet from any residents. Approximately 75 people appeared
in opposition to the rezoning. Among those speaking in opposition
were Jim Martin', Bill Killian,iBill Pierce; Larry Lindley, Jo
Gibbs, Mrs. Paul Stewart, Don Whitney, Joe McGee, and James R.
Pettijohn. The main objections were listed as wanting to keep
the area completely residential in keeping with the neighborhood,
overcrowding of•schools, traffic problems, lack of recreational
facilities at present, and insufficient buffer areas. Mr. Cochran
stated that if -*the property is rezoned as requested, a time limi-
tation for the developer would be set at approximately 18*months,'
if not built in that time, the property would revert back to the
original zoning.
3 Ft
�` (Continuation of November 16, 1970 Xnnting)
Further discussion brought out the fact -this was the fourth time
this property had come up for 'rezoning, and this was the best
plan ever submitted. Also a suggestion was made for the appli-
cation to be withdrawn and the hearing set for a -later date giving
the developer and residents additional time to try to come to
some type of compromise. Several members of Council offered
to work with both partleite try to find a mutual solution.
The zoning was denied on motion by Marston Tuck, -seconded by
J. P. White. For the denial, Marston Tuck, J. P. White, Hubert
Black and J. C: Porterfield. Voting against -the -motion, Homer
Kuhl, C. 0. Canada and, Arthur T. Bacon..- -
The next request for rezoning to -come before Mayor and`Council
was for property located on Love -Street Extension advertised,as
parcels one and two from R-1 and R-2 duplex to_R-2 apartments.
Petitioners Larry V. Watts and Dale Koch made the presentation.
Seven residents.of-Love Street protested the apartment zoning
naming low water pressure, low gas -pressure, hazardous traffic -
conditions ,and the ,already unpleasattness .from the Smyrna Springs
apartments in the areas as -some -of their reasons. It was the
consensus of Council that the,two lots were,too small for apart-
ments and sufficient parking spaces plus the problems' already
existing,in the area as listed above needed correcting. The re-
sidents who were present, stated they did -.not object to one duplex
on the lot advertised as parcel 2 which had previously been zoned
R-2 duplex. J. C. Porterfield motioned that lot 2 of the property
be rezoned R-2 restricted to a duplex. The -motion was, seconded
by J. P. White and voted unanimously.
A request by Mr. R. D. Myers for a boarding house -permit at 1265
Sunset Avenue was denied on motion by Homer Kuhl.. -The motion
was seconded by J. C. Porterfield and vote on the motion was _unani-
mous. Mayor Harold L. Smith appointed -a committee consisting
of Homer Kuhl, Chairman, C. 0. Canada, Arthur T. Bacon and building
inspector Leon Hood, to obtain further details and try to resolve
the problem and make recommendations at the next meeting.
Commercial building permits were submitted by building inspector
Leon Hood -and upon his re-cormnendations; the following action is
recorded:
1. Request by David Harkins, to change present Roasts Sandwich
sign to Menus Den onbuilding located at.531 Cherokee Road.
Approved unanimously onmotion by J. P., White, seconded by J. C.
Porterfield.
2. Request.by Colite In to replace existing sign
with double face ,pole type sign 381 Y' high by 2011 -3/4" wide,
Richts Auto Center, South Cobb Drive. Approved unanimously on motion
by Arthur T. Bacon, seconded by C..O. Canada.
3. Security .National Bank, rrequest for temporary permit for
Mobile Bank.Unit Facility, at 3379 South Cobb Drive. On motion
by Homer Kuhl, seconded by Hubert Black, the permit was approved
on unanimous vote. -
Mayor Harold L. Smith reported an informal meeting would:be held
in Smyrna City Hall, November 17, 1970, at -7.: 30 o'clock P. M.
with the Cobb County Commissioners in regard to the sewer program.
In connection with this, the Mayor reported we must have more definite
information on the sewer f.acilities' -on £the east side and west.
side of the City; also,.the Smyrna program must be updated and,
meet the approval of the State Water Quality Control Board by
December 31, 1972 or connect with the county'system. Mr. Bill,
Greer -submitted a-proposal.for an engineering study relative
to the Smyrna -Cobb County sewer service relationship. The fee
for the study was estimated at $2800 to $3800. -Councilman C. 0.
Canada motioned we approve the proposal of Mayes, Sudderth-and
Etheredge. The motion was -seconded by Homer Kuhl and the vote
was unanimous.
Demolition of the Atlanta Street properties was report d as in
progress; however, the work is slower than was expected since
347
(Continuation of November 16, 1970 Meeting)
the bricks are being cleaned before being removed.
Mayor Smith stated the carpet in the Smyrna Library would-be
taken up and new carpet installed.
Councilman Arthur Bacon beported installation of the underground
garbage containers was on schedule as of this date and would
probably be ahead. of schedule next week.
Councilman•Homer Kuhl reported that Mayes, Sudderth and Etheredge
had submitted .plans on the widening of Atlanta Street. The maxi-
mum amount required at any point was reported as a little more than
ten feet and most of the right-of-way requirements would be from
the east.side. A total of eight property ownersswould'be involved.
Councilman Kuhl motioned that we accept the proposed acquisitions
for rights -of -way per plats submitted by Mayesr Sudderth and
Etheredge. The motion was seconded by Arthur T. Bacon and the
vote was unanimous.
In reporting on the Cherokee Road project and the roughness of'the
northside lane and the condition in front of the Post Office,
Councilman Kuhl moved that final payment to C. W. Matthews Con-
tractors be held until corrections could be made. The motion
U was seconded by C. 0. Canada and voted unanimously.
U
The proposed amendment to the Homestead Exemption Act was deferred
to the next meeting.
City Attorney G.,W. Carreker ruled that Mayor and Council could
not surplus the White,0ak Drive property.
Councilman C. 0. Canada motioned the strip of land approximately
50' x 100', originally called Park Lane, be surplused as no longer
needed by the City. The motion was approved unanimously on second
by Arthur T. Bacon.
Councilman J. C. Porterfield motioned that the City quit claim
an equal amount of the property (Park Lane) to the property owners
on each side of Park Lane. The motion was s.eo:onded by C. 0.
Canada and voted unanimously.
Councilman Marston Tuck reported the plat on the Ward Street pro-
perty had been lost and another would be obtained and sent to
the City Attorney.
CouncilmanMarstonTuck submitted copies of the 1970 Fire Prevention
Code and moved for adoption of this code as amended and as hereby
presented. The motion was seconded by Arthur T. Bacon and voted
unanimously. _J
Councilman J. C. Porterfield made a motion that the City Hall
staff be authorized, effective January 15, 1971, to pay salaried
personnel every other Friday. The motion was seconded by C. 0.
Canada and vote on the motion was unanimous.
On motion by Councilman Hubert Black approval was given to trans-
fer $80,000 from the Water Revenue Fund to the General Fund to be
repaid as soon as possible. On second by Homer Kuhl, the vote was
unanimous. Action requested by City Halltto meet November payrolls
and accounts payable.
" October financial reports and approval of October minutes were
deferred to the next meeting.
Mayor Harold L. Smith stated he had considered several persons
and would like to recommend to Council that Kenneth Nix be appointed
to fill the position vacated by Kenneth Chalker effective November
30 of this year. Kenneth Nix was nominated for Recorder's Court
Judge by Marston Tuck. The nomination was seconded by Hubert
Black. Vote on the nomination was unanimous.
Mayor Smith also stated no court session would be scheduled for
Y
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6
f
(Continuation of November 169 1970 Meeting)
November 26, 1970, Thanksgiving night.
On motion by Marston Tuck, seconded -by C. 0. Canada, -the second
meeting in the month scheduled for December 210 1970 was reschedul6d
to Saturday morning, December 19, 1970.
A request by Marjorie J. McEntyre for a business license to operate
a mail order business from her apartment at 2550 Hargrove Road
was denied on a five to two vote on motion by Marston Tuck, seconded
by C. 0. Canada. Voting for the denial: Marston Tuck, C. 0. CanadyL,
Homer Kuhl, Hubert Black, and Arthur T. Bacon. Voting against
the motion: J. C. Porterfield and J. P. White.
The meeting ad.journed at 10:55 P. M.
PARKSRECREATION
P��—
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ARTHUR BACON., COUNCILMAN WARD
SANITATION'
I
GARAGE, TREATMENT PLANTS
Next meeting December 7, 1970.
GOUNGILMAff
2
PO ICE, CIVIL DEFFA� SE
HOMER , COUNCILMAN WADI
STREETS & MAINTENANCE
WARD 6